Nintendo Switch Account Agreement Clause Faces Scrutiny from Brazilian Consumer Authority

Nintendo’s latest update to its Nintendo Account Agreement, which introduced a clause allowing the company to render Nintendo Switch consoles 'permanently unusable' for violations, has sparked controversy in Brazil.

The clause, designed to combat activities such as console modding and the use of pirated games, empowers Nintendo to 'brick' devices found in breach of the agreement terms.

This policy has drawn widespread attention in the gaming community, particularly due to its implications for consumer rights and device ownership. According to a detailed report by IGN, the consumer protection agency of São Paulo state, Procon-SP, has formally challenged this clause.

Procon-SP asserts that Nintendo's policy undermines the fundamental rights of consumers by potentially denying them access to a product for which they have lawfully paid.

Since Nintendo does not have an official presence in Brazil, affected users could face significant obstacles in resolving wrongful bans or restoring access, intensifying concerns about the fairness and enforceability of the policy. Procon-SP has officially demanded that Nintendo amend its account agreement and remove the disputed clause.

In a statement paraphrased from their public communication, Procon-SP outlined that depriving consumers of access to purchased hardware or services, especially without a robust and accessible recourse process, is inconsistent with Brazilian consumer protection laws.

The agency further noted that this is a pressing issue given the lack of direct support infrastructure from Nintendo in the Brazilian market. Following the update to Nintendo's terms, there have been confirmed instances of Nintendo Switch 2 consoles being rendered permanently inoperable after exploiting system vulnerabilities.

There are also verified reports from users alleging they purchased second-hand Switch 2 units only to discover these devices had been previously bricked by Nintendo due to detected violations, with the status being irreversible according to affected parties. Procon-SP has reported that it has already reached out to Nintendo of America for an official response, giving the company until July 15, 2025, to reply and address the concerns.

With millions of players relying on the Nintendo Switch and its online ecosystem across global markets, the regulatory outcome in Brazil could set a significant precedent for consumer rights and the responsibilities of hardware manufacturers worldwide. As the deadline approaches, industry stakeholders and Nintendo Switch owners are urged to follow further developments through trusted news sources and official channels.

For now, consumers are reminded to adhere to Nintendo’s official guidelines to avoid potential disruptions to their devices and access to content on the eShop.

Nintendo Switch Nintendo Switch consoles Procon-SP Nintendo of America IGN Brazil Nintendo Switch 2